Taking the first steps in a Construction Injury Cast
Understanding all of the parties involved is the best way to begin approaching a construction injury case. Establish the relationship that the worker has with the job site. Who is the general contractor? Is there a worker’s comp or insurance agreement?
Example Quote: “It’s so important to get started on these cases right away,” says Christina.
Common Types of Cases/Injuries in construction.
Both construction workers and bystanders are often injured. Accidents involving falls are very common, but also falling debris, forklifts, and other heavy vehicles are often involved in injuries on construction sites.
Example Quote: “Construction Sites are—by their nature—dangerous places,” says Burgess, “Things can go wrong, and they can go wrong quickly.”
Helpful Regulations and Guides to Reference
“The first place you want to go to are the OSHA regulations,” says Burgess.
Looking at OSHA regulations and ANSI Standards is the first place to start. Keeping in mind that when an accident is reported to OSHA, they will send a representative to investigate at the site of the incident.
“Instruction Manuals & Trade Journals are also great resources,” adds Jack. “You want it to be very simple—who was in the best position to prevent the harm and who had the power to do so.”
Frequency of Construction Injuries
Construction Injuries are very common, and whether or not you have a viable case will depend state to state.
“Typically if your client is working and has worker’s compensation then they have no recourse against the company” says Burgess. “Find our if there were any third parties onsite.”
There is always the possibility of a product malfunction being the cause of the injury.
“Unfortunately, a lot of our clients are undocumented workers,” says Jack “and they’re really taken advantage of. A lot of them are terrified to even contact an attorney initially.”
Most common types of construction site injuries
“They’re almost always going to be catastrophic,” says Christine. “You’re almost always going to have a severe brain injury or some type of spinal injury.”
“Helmets are meant to protect against small debris, not catastrophic impact,” adds Jack.
Injuries are typically very severe in nature, most often causing permanent harm to the victim.
Outlining a discovery plan
“If you are not the type of law firm that likes to litigate then I would stay far away from construction cases,” says Jack.
Make a list of all the parties involved in the construction site. Then get contractual information to establish the relationships of each party. Then comes the deposition phase, be prepared to take a lot of depositions in these types of cases.
“Get as much information as possible at the initial client meeting,” says Christine.
“Checking 911 calls can be helpful” says Jack.
Key takeaways: